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DECISION

Approving the program on the provision of public telecommunications services toward 2010

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;

Pursuant to the Government's Decree No. 160/2004/ND-CP of September 3, 2004, detailing the implementation of a number of articles on telecommunications of the Ordinance on Post and Telecommunications;

Pursuant to the Government's Decree No. 31/2005/ND-CP of March 11, 2005, on the production and supply of public products and services;

Pursuant to the Prime Minister's Decision No. 191/2004/QD-TTg of November 8, 2004, on the setting up, organization and operation of the Vietnam Public Telecommunications Service Fund;

At the proposal of the Minister of Post and Telematics,

DECIDES:

Article 1.- To approve the program on the provision of public telecommunications services toward 2010 with the following major contents:

I. OBJECTIVES

1. Overall objectives

To speed up the universalization of telecommunications and Internet services among the population nationwide, focusing on development and universalization of services in mountainous, deep-lying, remote and difficulty-hit areas in order to narrow the gap in the use of telecommunications and Internet services among areas and regions, thus creating conditions for boosting socio-economic development and contributing to the maintenance of national security and defense.

2. Specific objectives

By 2010, to ensure that:

- The telephone density in areas provided with public telecommunications services shall be over 5 telephone sets/100 people;

- 100% of communes nationwide shall have public telephone service access points;

- 70% of communes nationwide shall have public Internet access points;

- Every person shall get free access to mandatory telecommunications services.

II. TASKS

1. To support telecommunications enterprises in developing telecommunications infrastructure and public telecommunications service access points

a/ To support investment in construction, improvement, upgrading and expansion of infrastructure of telecommunications and Internet networks in areas provided with public telecommunications services.

b/ To invest in development of public telecommunications and Internet access points nationwide so as to achieve the above specific targets.

2. To support telecommunications enterprises in covering expenses for maintaining the provision of public telecommunications services

a/ To support telecommunications enterprises in covering expenses for maintaining the provision of public telecommunications services in areas provided with such services, aimed at:

- Assuring the enterprises' capability to regularly provide universal and mandatory telecommunications services in line with the State's policy on public telecommunications services;

- Increasing subscription rates among individuals and households living in areas provided with public telecommunications services and among other particular subjects as stipulated by the State; creating conditions for enhancing service accessibility and usability.

b/ To support the provision of mandatory telecommunications services nationwide

3. To support the performance of other public tasks under the Prime Minister's decisions.

III. LIST OF PUBLIC TELECOMMUNICATIONS SERVICES

Public telecommunications services include universal services and mandatory services.

1. Universal telecommunications services

a/ Standard telephone services (their coverage, charge rates and quality, etc. shall comply with regulations of the Ministry of Post and Telematics).

b/ Standard Internet access services (their coverage and dialing mode, charge rates, quality, etc. shall comply with regulations of the Ministry of Post and Telematics).

2. Mandatory services

a/ Emergency call services: medical first aid, social order and security incidents, and fire extinguishment.

b/ Telecommunications services in service of search and rescue, prevention and fighting of natural calamities under regulations of competent authorities.

c/ Fixed telephone number inquiries.

d/ Telecommunications services in service of urgent activities of the State under regulations of competent authorities.

IV. SCOPE AND SUBJECTS

1. Scope

Under the program on the provision of public telecommunications services till 2010, these services shall be provided to the following areas and subjects:

a/ Areas to be provided with public-utility telecommunications services

Areas to be provided with public-utility telecommunications services by 2010 shall be district- or commune-level administrative units, identified according to administrative boundaries and the following criteria:

- A district to be provided with public-utility telecommunications services shall be the one that, at a specified time, has a fixed telephone density of under 2.5 sets/100 people.

- Communes to be provided with public telecommunications services shall be those which:

+ Lie in districts provided with public telecommunications services;

+ Meet with extremely difficult socio-economic conditions as stipulated by the Prime Minister and lie outside districts provided with public telecommunications services.

b/ As for communes outside areas provided with public telecommunications services which have no public telephone and Internet access points, the Program will provide them with investment supports for development of public access points with a view to universalizing these services nationwide.

c/ Supports shall be granted to make mandatory telecommunications services available nationwide.

2. Subjects to be provided with public telecommunications services

Subjects to be provided with public telecommunications services are defined in Clause 2, Article 5 of the Prime Minister's Decision No. 191/2004/QD-TTg of November 8, 2004, on the setting up, organization and operation of Vietnam public-utility telecommunications service fund.

V. FINANCE

1. Fund for execution of the Program is estimated at around VND 5,200 billion, from the following sources:

a/ Vietnam Public Telecommunications Service Fund: VND 5,100 billion.

b/ Other sources of ministries, branches and localities: VND 100 billion.

2. Contents of financial supports for execution of the program:

a/ Supports from the Vietnam Public Telecommunications Service Fund shall be granted according to the provisions of Clause 1, Article 7 of the Prime Minister's Decision No. 191/2004/QD-TTg of November 8, 2004, on the setting up, organization and operation of this fund.

b/ Expenditures of ministries, branches and localities shall be made in accordance with current provisions of law.

VI. SOLUTIONS AND MANAGEMENT MECHANISM

1. To identify and publicize areas to be provided with public telecommunications services; determine the order of priority for area- or region-based provision of such services; prioritize the development of public telecommunications service access points for every citizen to have access to public telecommunications services.

2. To manage plans and projects on the provision of public telecommunications services

a/ The Program on the provision of public telecommunications services shall be implemented through the State's annual plans thereon.

b/ Plans and projects on the provision of public telecommunications services shall be executed according to the State's bidding regulations, under the State's orders for the supply of public products and services, and under the guidance of competent state authorities.

3. To manage the Program's investment and finance

The management of the Program's investment and finance involving the use of the state capital shall comply with the State's regulations on investment and construction management; on financial management of the supply of public products and services. The State shall specify modes and levels of support; allocation and payment mechanisms for the provision of public telecommunications services under the State-assigned plans or the State's orders; allocation and payment modes applicable to projects or the provision of public telecommunications services through bidding.

4. To control quality and charge rates of public telecommunications services

The State shall provide quality standards and charge rates applicable to public telecommunications services. Enterprises providing public telecommunications services may select technologies and techniques for the provision of services but shall meet service quality requirements and apply charge rates set by the State for such services.

5. To combine and integrate the Program on the provision of public telecommunications services with other target programs of the State. The Program- managing and -administering agency shall have to coordinate with ministries, branches and localities in carrying out activities related to these programs so as to combine the objectives of the provision of public telecommunications services and raise their feasibility.

6. To implement the reporting regime, and supervise, inspect and evaluate the implementation of the Program

The State shall provide the regime of reporting on; supervise and inspect the provision of public telecommunications services as well as the mobilization and use of resources invested by the State in the Program

Annually, the Program-managing and -administering agency shall sum up and report to the Prime Minister on the implementation of the Program.

7. To encourage organizations and individuals to participate in the setting up and supply of public telephone and Internet service access points. Enterprises providing public telecommunications services shall have to build and develop network infrastructure for public service access points.

8. To enhance the popularization of the State's policies on public telecommunications services; ensure equity and transparency in the supply of information on the State's annual programs and plans on the provision of public telecommunications services to telecommunications enterprises; publicize enterprises providing public telecommunications services for people to know, join in and supervise the implementation of the Program.

Article 2.- Organization of the Program

1. The Ministry of Post and Telematics is the agency managing and administering the Program, tasked to:

a/ Identify and publicize lists of areas and subjects to be provided with public telecommunications services, suitable to each period.

b/ Elaborate, approve, manage and direct the implementation of annual plans on the provision of public telecommunications services; define the size of public telecommunication service access points and coordinate with relevant ministries, branches and localities in guiding the establishment and management thereof.

c/ Set quality standards for public telecommunications services as well as their charge rates according to its competence.

d/ Provide modes of support, approve levels of support for the performance of the Program's specific tasks in accordance with the provisions of law.

e/ Direct the Vietnam Public Telecommunications Service Fund in providing financial supports for the Program's implementation.

f/ Stipulate a regime of reporting on activities of the Program and coordinate with concerned ministries and branches in inspecting, supervising, evaluating and reviewing the results of implementation of the Program before reporting them to the Prime Minister.

g/ Supply information on policies; programs, plans and projects on the provision of public telecommunications services in accordance with the provisions of law.

h/ Assume the prime responsibility for, and coordinate with concerned ministries and branches in, guiding the implementation of this Program.

2. The Ministry of Finance:

- To assume the prime responsibility for, and coordinate with the Ministry of Post and Telematics in, guiding the financial management mechanism for implementation of the Program; supervise and inspect the implementation of financial management regulations in implementation of the Program;

- To guide the value-added tax exemption for public telecommunications services in accordance with the provisions of law;

- To coordinate with the Ministry of Post and Telematics in setting charge rates for public telecommunications services.

3. The Ministry of Planning and Investment

To coordinate with the Ministry of Post and Telematics in guiding the elaboration and managing the implementation of annual plans on the provision of public telecommunications services; sum up reports on the provision of public telecommunications services in the Government's relevant reports on the achievement of annual and five-year socio-economic targets.

4. Relevant ministries and branches

- To coordinate with the Ministry of Post and Telematics and telecommunications enterprises in guiding and supporting the establishment of public telecommunication service access points and the maintenance of their activities at their attached units according to the Ministry's annual plans on the provision of public telecommunications services.

- To adopt plans on information contents on the Internet, aimed at disseminating and propagating legal and professional knowledge within their management scope; prioritize the State-allocated funds for such activities.

5. People's Committees of provinces and centrally-run cities

- To coordinate with and make suggestions to the Ministry of Post and Telematics in elaborating plans on the provision of public telecommunications services in their localities;

- To manage and carry out specific activities of the Program under the guidance of the Ministry of Post and Telematics; inspect and handle violations in the provision of public telecommunications services in localities.

- To arrange funding in support of the Program's implementation which falls under the responsibilities and competence of local authorities.

6. Telecommunications enterprises

- To have equal access to information and bidding for implementation of the State's plans and projects on the provision of public telecommunications services; implement plans and projects on the provision of public telecommunications services under orders placed by the Ministry of Post and Telematics;

- To abide by the State's regulations on the provision of public telecommunications services;

- To use properly and efficiently the State-allocated capital for the implementation of the State's plans and projects on the provision of public telecommunications services.

Article 3.- This Decision takes effect 15 days after its publication in "CONG BAO."

Article 4.- Ministers, heads of ministerial-level agencies, heads of Government-attached agencies and presidents of People's Committees of provinces and centrally-run cities shall have to implement this Decision.